The Sun. — London, England, 1836-11-11 00:00:00

PRICES OF STOCKS THIS DAY AT ONE O'CLOCK. __.......... ....... ..... __. 16s.nk StOcT ---- -, - 202 200 - _ ...___ India Stock ,25 54 2% s per Cent. Red. Stil. 2 % ',Ditto Bon,ls 1 dis. par 2 dis. '3 per Cent. Cons ' , 7%45i, ',South Sea Stock — Z% per Cent. 9710 Id Annuities Ditto Red 04F4 5 4M.i. New Ditto — New 3% per Cent 96%% 6 Nl3 per Cent. Annuities, 1751... /*Few 3_per Cent — Exch. Bills, .£l,OOO 7610 8 dis. Bunk Long Annuities to expire Ditto ..............50t) 6 7 dis. Jan. 5, 1860 l4 9-16 ; Ditto Small Oct. 10, 1650 .... . .. . . Jan. 5. 1860 11 13-16 Dies Advertised p m Jan. 5, 1880— — !Bank Pitock for Acc0unt........ 201% April 5, 1880 — 'lndia Stock for Account.. — Jan. 5, 1870 — Consols for Acconnt ...... ... 87.i% 5 / 8 .ommum pm. THIS DAY AT ONE O'CLOCK. Peruvian Bonds Ditto Account Portuguese Bonds Ditto Account Ditto New Bonds 5 4 34 Ditto Account 51106 Ditto, 3 per cent. 35 41 3 4 Prussian Bonds Russian Bonds, 1822 Ditto Account Ditto Metallic Spanish Bonds — Ditto Account — Ditto Bonds, IE3I ...... ..19% 1 9 !A Ditto Account 19% 19 1 /,', French, 5 per cent.......... f. —c. 4 per cent. —f. —c. 2 per cent. —f. —c. ----- Exchange —f. —C. Dutch, 2V, per cent. 5214%74 Ditto Account 5236 3, Ditto, 5 per cent QS% 9 8 Ditto Account — PRICES OF SHAPES THIS DAY AT CNE O'CLOCK. Paid. Per Share. London and Birmingham Railway Company 7O 134 Manchester South Union Railway Company...— 2 2 2 South Eastern and Dever ftail way C ompany 2 Arrived. Due. 0 America 0 Brazil 0 Buenos Ayres... 0 carthagena...... 0 1 Dublin... 1 Flanders MAILS. lArrived. Due. Arrived. Due. I France... ....... 0 0 Lisbon 0 0 Guorn. &Jersey 0 0 Malta 0 Hamburg 0 0 Mexico 0 1 Holland 0 11 Ostend 0 0 Jamaica 0 Leeward Islands 0 1 Waterford 0 HIGH WATER AT LONDON BRIDGE TO-MORROW. Morning 16 minutes after 4. Evening 41 minutes after 4. SPANISH CONSOLIDATED FIVE PER CENT. STOCK. An announcement having been made by the Spanish Minister of Finance, annulling the engagement entered into by Mr. Durou, in virtue of full powers granted to him by the Queen Regent, and countersigned by the said Minister, for the payment of the Spanish dividend, and the plea for declaring such an engagement void, being, that it was contrary to instructions subsequently sent to Mr. Durou on the 7th of October— Messrs. J. and S. RICARDO and Co. think it necessary to state, that both Mr. Ardoin and themselves were satisfied that the original powers sent to Mr. Durou, and now in their possession, fully warranted the plan proposed by their recommendation for li quidating the current dividend ; that the instructions dated Oct. 7, did not arrive till after the necessary notices had been sent to Paris and Amsterdam, and to the daily London Newspapers; and that they cannot be parties to any arrangement which, in their es timation, is less advantageous to the bondholders than the one ori ginally proposed. Under these circumstances Messrs. J. and S. Ricardo and Co., beg to announce to those persons who have left Coupons with them for the purpose of being exchanged for Cuba Debentures, that they will be returned on application at their office. 11, Angel-Court, Throgmorton-street, lOth November, 1836. HAMBURG, SEPT. 28, 1836. OUR Friends, and all those who may have to write to us, are requested to be particular in directing, lIEINE BROTHERS, in HAMBURGH, and to observe, that a letter with one inclosure doubles the Postage oniy, but several inclosures would by far increase the same. Thus 10/., 201., or 301., for instance, if remitted in One Bank of Eng land Note would only cause double Postage, but 101. remitted in two notes, would be liable to a much higher charge. It is there fore most advisable, for any Person having to remit Money to Ham burgh, to forward the amount in One Note; or having to receive Money from Hamburgh, to receive the same in One Note, when ever possible. Of course remittances from Hamburgh to England, surpassing the usual amount of One Bank of England Note, may rather be made in Bills of Exchange, on London. To save expenses that may as well be avoided, we request our Correspondents not to overlook these particulars. HEINE -BROTHERS. The publication of THE SUN NEWSPAPrA commenced this day at 10 minutes past Three o' Clock. _ '~ s~ ~~ =+!~~ -.. ~` ~= - i 4 LONDON, FRIDAY EVENING, NOVEMBER 11, 1836. The whole of the Paris Papers of Wednesday have been received. The Moniteur contains the following telegraphic communications " Government received yesterday, the following dispatch, dated Perpignan, evening of the 3d inst., which was trans mitted to Toulouse by telegraph, and brought thence by a courier. They write frorn Valencia, under date, on October 28, that at Morella a conspiracy to deliver up the town has been discovered ; a whole regiment is compro mised. The garrison of Cantavieja has, in a sortie, carried off a. neighbouring municipality. On the 27th, they despr,iled simultaneously the churches of Valencia, taking all the articles of value to supply the wants of the Trea sr,ry. The people are greatly dissatisfied at this measure. One hundred and seven men at the telt-works of Arcos have been surprised and shot by Itago. There are a great many rebels in the environs of Tortosa and in Lower Ca talonia. The communications of the principality are still intercepted. Mina, who !s still confined by illness at Bar celona, is about to remove to Montpelier. " The Government has also received the following te. legraphic dispatches from Bayonne, which mention several facts that we have alrewiy published : " November 7, Half-past 6in the Evening. " ' Cantavieja vve. s taken on the 31st. Brigadier Lopez and the prisoners of Jadraque were found there. On the Ist, Madrid w as much agitated from the fear of military events. RocI: i l was on the 30th at the bridge of Arzobispo, ignorant, of where Gomez was gone to. Alain passed the Sierra, on the 27th. Navacz was on the 3d at Arganda, near /Madrid. " November 8, 7 o'clock in the morning. "` Gomez, aft er th e cap t ure o f Al ma d en, hav i ng made an ineffectual attempt to pass the Tagus, marched in the direction of Truxillo, and is preparing to re-enter Anda lusia. A proposition has been made to the Cortes for an inquiry into the conduct of Rodil. It was opposed by the Ministry, and rejected by a majority of 32 votes.'" The only important part of these despatches is what relates to the capture of the Carlist garrison of Can tavieja. It was reinrted on Wednesday in Paris, that GOMEZ had actually entered Truxillo. This city is one of the c)idest in Spain, and is situated in Estre madura, about twenty miles from the Tagus. If GoAirz succeed in pa3sing the river, he can escape through Leon, as RoDIL's division is so planted as only to block up ,his way into Alava, and thence into Old Castile, whence by forced marches he might easily make his way into Navarre. If he fail in crossing the river, be will probably fall back upon Cordova, and escap e by Murcia, Valencia, and Arragon. In either ease nothing but the greatest supineness, on the part of the QUEEN'S Generals, will enable him to carry off any part of the booty wherewith h e i s e ncu m b ere d. If he follow the course - of the Tagus to Alcantara, on the Portuguese frontier, he will find a Portuguese force prepared to give him a warm reception. Thus move in what direction he will, Gom Ez h as t h e greatest difficulties to contend with ; and nothing short of the most consummate generalship, or the greatest treachery „ on the part of the QUEEN'S Generals, can enable him to escape. Before him is the Tagus, its banks lined with RODIL'S troops—behind him the Guadiana, strongly guarded by ALAIX'S division. On his right lies the capital—now defended by six thousand regular troops, besides national guards—and, on his left, is the frontier of a hostile nation. EMILIE CHAPERON, alawyer's clerk, was arrested on the 6th inst., in the Rue Conde, Paris, on a charge of conspiring to kill the KING. An infernal machine was found in his lodgings, similar to the one constructed by FIESCHI. The barrels were mounted on the frame. The villain was ordered into solitary confinement by the Prefect previous to trial. Prince Louis NAPOLEON will be expatriated with out trial. It is understood that America will be chosen as the place of his exile. His mother, the Ex-Queen of NAPLES, has prayed the French Go vernment to be permitted to attend him, but no answer has been yet given to her prayer. The KING is greatly alarmed respecting the feeling which is found to pre vail in the army. It was at first reported that the Strasburg garrison was bribed to declare i n f avour o f i young NAPOLEON ; but, on nquiry,"it appears that the only bribe the men received was the enormous sum of fivepence each ! The loyalty purchased at such a price could not have been excessive. Letters and Papers from Madrid to the 3d instant, have been received. We are delighted to learn from them that the Cortes begin to be in earnest in their exertions to put an end to the civil war. In their sitting of the S Ist, the Cortes discussed a proposition of Senor CABRERA NARVAES, for sending Commis sioners chosen out of their own body to the several di visions of the army, to collect and forward to them cor rect information upon all points connected with their discipline, employment, and the ability of the officers in command of them. The Hon. Deputy referred to the contradictory statements that had from time ap peared in the Gazette relative to the insurrection. Ac cording to that organ 40,000 insurgents had been killed up to the Ist of October last—a statement which for the honour of humanity, he was happy to pronounce unfounded. He then adverted to the dis patches of the Commanders-in-Chief, and the Cap tains-General, and dwelt with great force upon the in jury which they had done to the public mind at home and abroad. Several other Members spoke for and against the proposition. The Chamber divided, when there appeared— For the appointment of Commissioners 44 Against the appointment... 4B Majority against the proposition We regret the loss of this motion, although we augur great good from the discussion of it by the Chamber. It is fraught with salutary instruction to Ministers. The Cortes have at last opened their eyes to the folly of leaving all the important business of the kingdom to the unchecked management of the Executive. It is certain that the proposition to ap point Commissioners to proceed forthwith to examine the state of the army, would have been adopted by acclamation, had not Ministers expressed themselves against the adoption of a path chalked out for them by the French Directory. But no really patriotic Spa niard ought to be frightened from discharging what he feels to be duty, by such bugbears. Notwithstanding their many cruelties, the Commissioners named by the French Directory not only improved the discipline of the army, but saved the country ; and we have not the least doubt but that Commissioners, appointed by the Constitutional Cortes, would effect the same good for Spain, without staining themselves by any of the cruelties perpetrated by the agents of the Directory. In the same sitting, the Cortes agreed, by a majo rity of 75 votes, to appoint a Committee to inquire into the origin and progress of the civil war. The mo tion to that effect, was drawn up and supported by Senor ALVARO. The Cortes likewise ordered all the Ministers to be present at the sitting of the Ist. inst., in order to submit to the Chamber all that they knew, and to give such explanations as they could, on the subjects of the war and the finances. The Ministers were accordingly present. The first person called upon was Senor CAMBO, the ad interim Minister of War, who commenced by reading a dispatch from the War Minister, RODIL, dated the 30th ult., detailing his movements on the Tagus to intercept GOMEZ. The storm that followed was tremendous. Many Deputies called aloud for his head, and in every direction was he assailed as the betrayer of his country. M ENDIZABAL and his colleagues defended him, as they did CORDOVA on a like occasion, to the great detriment of the Constitu tional cause. They assured the Chamber that the Commander-in-Chief had instructed them to declare that he was prepared to be brought to trial, and that he was willing to answer with his head for any culpable neglect of duty of which his enemies could prove him guilty. Several Deputies demanded that he should be taken at his word, and impeached for treason ; but on the motion of a Member of the Ca binet, the motion was got rid of, by passing to the Orders of the Day—sixty-four Membris only voting with Ministers, and thirty-two for the impeachment of the Commander-in-Chief. Nevertheless Senor A RGUMORE, finding that the question had been got rid of by only a side-wind, moved a resolution to the effect that General Rom L had lost the con fidence of the Cortes and the country. As the forms of the Spanish Chamber requite such re solutions to be read more than once, the first reading was received in silence. This is clearly the first step towards a capital impeachment, so that ROD IL must now bestir himself at the peril of his life. His movements are no longer matters of indif ference to himself ; he must now either fight the Car lists, or join them. We may henceforth rely with confidence upon his activity, either for or against the QUEEN. il l l ENDIZABAL followed the ad interim War Mi nister CAMBO. He stated that he had made ample provision for the wants of the army up to the Ist of January. This statement was well received by the Cortes. Before the sitting terminated, the Report of the Committee appointed to devise the best means of put ting an end to the civil war, was brought up and read. It recommended the establishment in each province of a special tribunal, for the exclusive trial of all sus pected persons of what rank soever within the province. It further recommended that the punishments decreed by it should be inflicted in the most summary way, to prevent the trouble and expense of imprisonment. It recommended the re-organization of the National Guards, care being taken to admit into it no person of whose loyalty there existed the slightest suspicion. The Report of the Committee appointed to inquire into the expediency of confining the Regency solely in the QUEEN, was likewise brought up and read. The Committee were unanimous in their recommendation that the sole Regency should be placed in the hands of her MAJESTY. What we most admire in these proceedings is the activity, energy, and determined spirit of the Cortes. By them only can Spain be now saved. Their first great object must be to put an end to the civil war ; their next to purify the local executive : then naturally follow the abolition of the Alcavala tax, and of the Royal monopolies of salt, lead, powder, to bacco, and manufactured clothes. The Mesta, or seignorial sheep-feeding privileges of the great dig nitaries of the kingdom, so destructive of agri cultural enterprise in the central provinces of Spain, must also be wholly and entirely abolished. But these are subjects which we shall have many oppor tunities of dwelling upon, when the Cortes proceed to the examination of abuses, which are the growth of bad laws, infamously administered. The arrest of Count ALBANI, brother of the Car dinal of that name, by the Portuguese authorities, which is stated in our extracts from the French Pa pers, proves that Don MIGUEL has not relinquished the hope of stirring up the flames of civil war in Portugal. We have reason to believe that the Swiss question is settled. The final report of the Directory will be found in another column. The Cantons who voted for it were Zurich, Soleure, Schaffhausen, Argan, Thurgovia, St. Gall, Geneva, Vaud, Glaris, Friburg, Grisons, Apenzel, and Lucerne ; making in all 1.21 votes, the number required to constitute an absolute majority. The Diet having thus discharged the functions for which it was summoned, was dissolved forthwith. The Times of this morning announces with befit ting pomp, the highly momentous intelligence that a great Conservative dinner will take place at 'Wakefield on the first or second week of December ; and quotes the declaration of the Conservative Association of that borough, just as if, like the laws of the Medes and Persians, it were an irreversible and irresistible edict. The following is an extract from this notable docu ment :—" We, the undersigned inhabitants of Wake field and its vicinity, do hereby resolve to use our best exertions to uphold the just prerogatives of the Sovii- PRICES OF FOREIGN FUNDS Austrian Bonds 1024 Belgian Bonds Ditto Account . ......... Brazilian Bonds .... Ditto Account Buenos Ayres Bonds Ditto Account Chillian Bonds Ditto Account ....... Columbian South Ditto Account Columbian Bonds, 1824 Ditto Account ....... Danish Bonds Ditto Account Greek Bonds Ditto Bonds, 1*25 Ditto Account Mexican Bonds, 5 per cent Ditto Account Ditto, 6 per cent. Ditto Account Neapolitan THE SUN, LONDON, FRI REIGN, the Constitutional privileges of the House of Lords, as well as the deliberative powers and privileges of the House of Commons, unfettered and uncon trolled ; and to use our best endeavours to return to Parliament, as Representative for this borough, a man of,independent Conservative principles, who will resist the rash innovations of theoretical Statesmen." This declaration, says our Contemporary, " we beg to offer for the consolation of our Radical-Papist Ministers"— evidently insinuating thereby that it will be the means of driving them distracted. Now we scarcely antici pate that it will have such a disastrous effect on the Cabinet ; for, blustering and would-be-formidable as is its character, it is not original even in that, being a mere servile imitation of the well-known declaration drawn up, some years since, by the three tailors of Tooley-street, to the effect that so long as they could flourish a goose, or digest a cabbage, they would stand by the glorious Constitution. But the Wakefield Mani festo is not the only thing'which puts our Contemporary beside himself with joy this morning. Equally enraptured is he with the Protestant meeting which was held in Liverpool on Tuesday last. " This," quoth he, "is cheering news." Cheering, indeed, as much so, as the tipsy shout in favour of the House of Lords, Which was yelled out a few days since at Devonport by some six score Conservatives, the majority of whom were, we have every reason to believe, under the table at the moment of their wild Cossack-like hurrah ! Having disburthened himself of much amiable en thusiasm, our easily excited Contemporary goes on to recommend the formation of Protestant Societies all over the kingdom, knowing at the same time—for it is impossible that he should not be aware of the fact—that such a recommendation, if carried into effect, will do more to vitiate the sterling religious principles of the commu nity, and foster those of bigotry and intolerance— which, Heaven knows, need no quickening !—than any fanatical restrictions that have been adopted in Eng land since the Reformation. Is it not enough that we have one M'GHEE and one O'SULLIVAN, but we must have them swarming in every city, town, and village throughout the country ? It was the chief ob jection of the Tories to the Irish Municipal Reform Bill, that it would produce " normal schools of agita tion" in Ireland ; and yet here we find the prime organ of the party—that in which " they live, move, and have their being," and without whose assistance, they are mere nullities—recommending the formation of Societies which will be " schools of agi tation" of the very worst class ; for there is no agita tion so rancorous in its nature, so hazardous in its consequences, as that which has religion for its ground work. Politics often unsettle men's tempers, and cloud their judgments, but fanaticism makes demons of them. Imagine the overwhelming mass of bad feel ing that would be brought into active exercise, if So cieties, miscalled religious, were once to be established in our provincial cities and towns I Party spirit, of the most malignant and inveterate character, would increase ten-fold ; the social relations between man and man would be rudely torn asunder ; where there is now comparative peace, there would be decided discord ; charity would be trampled under foot by into lerance ; and England would again become, what it once was, a perfect hot-bed of fanatical bigo try. Our Contemporary's proposition is the most striking proof that could be adduced, of the low ebb to which Conservatism is reduced, and of the desperate shifts to which it is compelled to have re course, in order to extricate itself from its dilemma. It is like a man sunk chin-deep in a bog, who cannot afford to stick at trifles, or consult the gentilities, but must make his exit in the best way he can. CHANCERY COURT.-(THIS DAY. The LORD CHANCELLOR was occupied the whole morn• ing, with arguments in the part-heard appeal of Campbcl . v. Mackay, which appear likely not to be concluded to-day ROLLS' COURT.-(THIS DAY.) ANSDLLL V. \SHITE. In this case, which was reported in The Sun of yester• day, the MASTER of the ROLLS dissolved the injunction. GILES V. GILES-PENFOLD V. PENFOLD. The MASTER of the ROLLS said that an objection had been taken to the reading of the evidence in this case (which was on the day before yesterday), which, in the par ticular form brought before him, had not occurred during the period he had sat in the Court as Judge. The plain tiff filed a bill, describing herself as " Ann Giles, widow." The bill was filed against certain persons, who put in their answer, and issue was joined between the parties, who pro ceeded to examine witnesses. In the regular course of proceeding, publication was made of their depositions, and the cause was brought to a hearing. In this state of things, application was made to the Court for leave to amend the record, by adding a next friend. Leavo was given, and the record was altered only in the descrip tion of the plaintiff. Instead of being described as " Ann Giles, widow," she was described as " Ann, the wife of John Penfold, commonly called Ann Giles," she having married a second husband, her first husband being still living, and lie having also married a second time. A sup plemental hill was then filed by the plaintiff against John Penfold, her first husband, and the original and supple mental bills, were brought in together. It was now objected that the evidence could not be read against John Penfold, who was a new party to the record, but only against the per sons who were parties to the cause in its original form, and against whom the examination of the witnesses took place. No case of an objection precisely in this form had been produced, and his Lordship considered it was an objec tion that could not prevail. It had been also urged that his Lordship should reject the evidence, because the wit nesses would not be subject to an indictment for perjury. He should have been glad to have had some authority to show that where persons were examined as witnesses in a regular course of proceeding, and swore falsely, that they could not with success be indicted for perjury, if from any circumstance any additional facts were placed on the record. Could it be said that if a defendant put in an answer, falsely stating circumstances material to the cause, and that if there was an amendment to the bill after that answer was put in, there could be no indictment for perjury ? In the absence of all authority on the subject, the Learned Judge could attach no importance whatever to the argument, and therefore he was of opinion the evidence must be read. KING'S BENCH.-(THIS DAY.) (Sittings in Banco.) RUSSELL V. MEREDITH. In this case a rule had been obtained by Mr. RICHARDS calling upon the defendant to show cause why the Master should not review his taxation, and why the cash account between the parties should not be reviewed. The plaintiff had been for several years professionally employed for the defendant's father, during his life time, and also for the de fendant himself. No less than fifty objections had been raised to the Master's allocation, and the account extending over a period of 18 years, it was extremely difficult to pro duce the necessary vouchers for all the items charged. Mr. PLATT now appeared to show cause against the rule, and the ATTORNEY-GENARAL was heard in support of it. The COURT suggested that the parties should endeavour to come to some arrangement, and that by striking out a disputed sum of 5001. that might be meeting the justice of the case as nearly as possible. Mr. PLATT would accede to the suggestion of the Court, and the ATTORNEY-GENERAL required time to consult his client upon the matter.—Judgment postponed. THE KING V. THE PROPRIETORS OF " BELL'S WEEKLY MESSENGER." Mr. ADOLPHUS was instructed, on the part of Henry Morton Dyer, a Magistrate of the county of Middlesex, to apply to their Lordships for a rule to show cause why a criminal information should not be filed against John B. Bell and Thomas Wade, proprietors of Bell's New Weekly Messenger, for a libel. The affidavit of Mr. Dyer set forth that he had been for 19 years a Magistrate for the county of Middlesex, and for the greater part of that time was one of the Magistrates of the Marlborough-street Police-office, and during that time his decisions had never been found fault with, or any action brought against him, until the following circumstance, which had lately occurred. On the 26th of last month a person was brought before him by a police-officer, charged with a violent assault upon a female, who gave his name as John Smith. The case was investigated, and another individual, who gave the name of William Parr, came forward as a witness, who was recognised by one of the females as being a party to the assault, and was accordingly put to the bar. Mr. Dyer, who sat conjointly with Mr. Conant, DAY, NOVEMBER 11, 1536. fined each of the defendants 5/., which their Lordships were aware was the highest penalty the law empowered the magistrates to inflict. In the course of pronouncing his judinaent, Mr. Dyer observed that he thought it better to punish summarily, as the females would not like to appear in a Court of Justice as prosecutrixes, to be subjected to the annoyance and exposure attending a cross examination. On the Sunday following there appeared in the paper in question a report of the case, and an allusion to it by the editor, in which reference was made to the gross and indecent assault committed upon two respectable females ; and it was stated that the scoundrels who had perpetrated it had escaped un punished, because the mere fine of 5/. could not give persons of their appearance a moment's pain or uneasiness, and would only encourage them to repeat their " brutal lark." It further went on to say, that two respectable females, one of them married, and the mother of four children, had been most indecently and filthily treated by persons whose address, &c., indicated them to belong to the higher classes, and for that Mr. Dyer had mulcted them in the paltry sum of Si. each, which was most pro bably less than they had spent on their night's debauch — that he had suffered them to conceal their names, and thereby escape exposure, the effect of which would be to induce others in the same district in which Mr. Dyer resided to repeat the offence—that Mr. Dyer had affected to be influenced by a wish to spare the feelings of the females, but the con sequence would really be to give their brutal assailants an opportunity of assaulting them again. Nothing was more strongly impressed by Mr. Dyer, than that females should be protected ; but it resembled the man preaching tem perance while in a beastly state of intoxication. Had the scoundrels been in a lower rank of life, how extensive would have been the punishment inflicted by Mr. Dyer— how stern his denunciation—how awful his indignation. In such a case the offenders would not have been suffered to conceal their names—money was the grand mover, and great was its effect ; and Mr. Dyer appeared to be sensible of its influence. That article had appeared on the 30th of October and on the 6th November, the next day of publication another article appeared, in which reference was again made to what was called " the escape of two gentlemen-blackguards, the assaulters of two respect able females in St. James's-square." It added that the li beral press, with one solitary exception, had spoken with great indignation of Mr. Dyer's scandalous conduct. The Courier alone had attempted to defend the Magistrate ; but the proper punishment for those who had money at com mand and character at stake, would be the exposure of their names, which might have been done by their being held to bail ; and that the conduct of the Magistrate in the present case was merely offering an inducement to fellows to insult respectable females. That was the way in which Mr. Dyer had been attacked for his adjudication in that case, although there was no reason in the world for be lieving that the parties had any other names than those given by them. Mr. Dyer had inflicted the highest penalty the magistrates were empowered to impose for an assault, and Mr. Conant fully concurred with Mr. Dyer in his de cision. The affidavit further stated that Mr. Dyer had referred to the females who had been insulted, and they both thanked him, and expressed themselves perfectly satisfied with what had been done. It was very painful to a gentleman moving in the sphere of life of Mr. Dyer, to make such statements, but be felt it due to himself to state that he knew nothing of the parties, and had not been actuated in it, or in any other case, by private or interested motives, but had always discharged his duty without fear or reward. Lord DENMAN—Does Mr. Dyer swear that he believes the names given to be those of the parties ? Mr. ADOLPHUS—Yes, my Lord ; one of them gave his name to the constable, and the other came forward as a witness. Mr. Conant also makes an affidavit to a similar effect, and there is one from Mr. Fitzpatrick, the clerk. A police officer also makes an affidavit, that the ladies lin gered in the office after the case had been disposed of ; and on being told that they were not further required, they stated that they had only remained to express their thanks to the Magistrate again for what had been done. COURT—You may take a rule. BAIL COURT. MERCERON V. MERCERON. Mr. Paten applied for a rule to show cause why the de fondant should not be discharged out of custody on filing common bail. The defendant was arrested in January last for 130!., alleged to be due to the plaintiff, and had re mained in custody ever since. The defendant had pleaded the Statute of Limitation, and the plaintiff replied that the case did not conic within the statute, although the bill of particulars delivered by him clearly showed that it did. He had not yet proceeded to trial, and he (Mr. Price) trusted that the Court would, as in other cases where there was reasonable ground for supposing that the defendant would ultimately have a verdict in his favour, discharge him from custody on putting in common bail. Mr. Justice LITTLEDALE.—Can you mention a case in which the Court have made such an order, merely on the ground that the verdict might ultimately be for the defendant ? Mr. PRICE—In the case of " Sutton v. Green," the Court, on affidavits showing that there was a probability of a ‘erdict being in his favour, ordered the defendant to be discharged, on putting in a common appearance. Mr. Justice LITTLEDALE—I think you had better make your application to the full Court. WILLIAMS V. DAWSON. Mr. WILLIAMS appeared to show cause against a rule obtained on a former day, by Mr. Watson, calling upon the plaintiff (an attorney) to answer the matters contained in certain affidavits. The only point on which the Court could interfere was that the plaintiff was an attorney in that Court, and he (Mr. W.) apprehended that as he was not an attorney of the Court at the time of the alleged transaction, that the rule must be discharged. The affida vit as to his being an attorney of the Court merely stated that John Williams was on the Roll. Now the Court knew that Williams was a very common name among Welch attornies—besides the plaintiff was an attorney at the great Sessions only up to the passing of the Welsh Judicature Act, by which the proceedings in that Court were transferred to this. _ Mr. WATsoN—And the Attornies with all their obli gations and liabilities transferred with them. Mr. Justice LITTLEDALE-But not with all their trans gressions.—(A laugh.) As the plaintiff was not an At torney of this Court at the time of the alleged transac tions, I cannot interfere, and the rule must be discharged with costs. Mr. WATsoN hoped the Court would not allow costs. Mr. Justice LITTLEDALE—YOU should have aseertaineC whether the plaintiff was an Attorney of this Court be. fore you made your application. The costs are allowed The Court then rose. COMMON PLEAS.-(THIS DAY.) STEVENS V. WINNINGALE. Mr. Sergeant TALFOURD said that this case had been tried the day before yesterday before Mr. Justice Parke, and a verdict found for the plaintiff for 501., and he now moved for a rule to show cause why the verdict should not be set aside, and a nonsuit entered, with the leave of the Learned Judge. It was an action for debt, for money lent to the defendant upon an account, stating the particulars of demand. The plea was, " Never indebted ;" and the particulars of demand were, " April, 1834. Cash lent, 501." The plaintiff rested his case upon the testimony of a witness of the name of Walsh, who was called, and stated that he was present at a public-house in Aldgate, some two years back, when a conversation took place be tween the plaintiff and the defendant, and the plaintiff asked the defendant when he meant to pay him the 501. he had lent him, to which the defendant said he would give him an order for 501. upon a person of the name of Fisher, who was in debted to him, the defendant, and the defendant went for paper, brought some paper back, and wrote an order re questing Fisher to pay 50/. Walsh turned out to be a person of extremely suspicious character ; and a good deal of suspicion was thrown upon the case in the course of his testimony. The defence was—and in point of proof, not withstanding the evidence of the witness for the plaintiff— it was made out, beyond question, so as to be admitted by his Learned Friend Mr. Thessiger, who appeared for the plaintiff, that in truth, though there was a transaction about 501., and though there were promises to pay, yet in truth no money had ever been lent, and the debt of 501. arose out of some bet upon horses. The question was then reduced to this, whether, supposing it to be made out that this was not money, but under the first count, but arose from some gambling transaction, whether the plaintiff was not entitled to recover on the first count stated, there being nothing but the plea of the general issue—the terms of the particulars distinctly and particularly putting the demand upon cash lent. The LORD CHIEF JuirrlcE—Your objection is, that the evidence showed a false particular ? Mr. Sergeant TALFOURD—Just so. _ _ Mr. Justice GAZELEE—Under the plea of " Never in debted," could you give evidence that the debt arose from a gambling transaction ? Mr. Sergeant TALFounn---Certainly not. LOAD CHM' JUSTICE—The plaintiff has given a false character to the foundation of the action, you may therefore take a rule to show caus..—Rule granted. CORNISH V. KEENE. This case was again proceeded with, but was not con. eluded when our reporter left. EXCHEQUER COURT .-(THIS DAY At the sitting of the Court this morning, the LORD CHIEF BARON, addressing Mr. Whateley, said—Mr. Whateley, you having been appointed to fill the situation which Sir 'William Owen has resigned, you will be pleased to take your scat accordingly. The situation is that of Postman of the Exchequer. We understand there is no salary attached to it. The advan tage it gives him is, being called upon to move in Term time before even the Attorney-General. CARRINGTON V. ROOTS. Mr. GREENWOOD moved to set aside a verdict for the sum of 2s. 6d. in this case, which was one of trespass, tried before Mr. Baron Gurney, at the sittings after last Term. The defendant had bought more growing grass, in the neighbourhood of Primrose Hill, than he had use for, and applied to a hay-salesman named Lucy to procure him a purchaser for a part of it. He introduced the plaintiff to the defendant, and a bargain was struck for four acres. Lucy was the principal witness at the trial, and he said when the bargain was concluded he made a memorandum of it, which he had at home, but he consi dered it a private one, and merely for his own use. The plaintiff was to cut his grass, and have the liberty of taking it away in his cart. Lucy said he was first to pay a moiety of the price agreed upon. The defendant, on going to the fields one day, saw some part of the grass cut, and a horse and cart standing there. He complained to Lucy three or four times that the plaintiff had not paid him anything, and at last seeing more grass going away, he seized the horse and cart for the rent due. The plaintiff Lucy and the defendant then met at a public-house, where they rescinded the former contract, and the plaintiff then bought two acres of the grass at 51. an acre. He (Mr. G.) contended that the memorandum alluded to was an agreement made at the time of the contract, and ought to have been produced, or no evidence of its contents given ; and his Lordship had given him leave to move for a nonsuit upon that point. The COURT said it seemed to be a mere private memo randum, and that neither plaintiff or defendant were parties to it. Mr. GREENWOOD would then go to another point. It had been often held that a sale of growing grass was a parting with, or a sale of an interest in land—there were many cases in the book to that effect. If this were so, then the case came under the 4th or the 17th section of the Statute of Frauds. If the paper spoken of was put out of the question, then there was no agreement in writing as that statute required. Rule granted on the latter point. SMITH V. SMITH. This was an action upon a bond executed between the plaintiff and the defendant, as trustee for the plaintiff's wife. The plaintiff parted with his wife, and they mutually executed the bond in question, he covenanting to pay a certain annual sum for her maintenance, and the defendant covenanting that the wife would not molest the plaintiff, or run him into debt. When the case was brought before the Judge at Nisi Frills, the case, by the consent of all parties, was referred to the clergyman of the parish where they re sided ; all parties agreeing that no advantage should be taken on any technical ground. The arbitrator heard evidence in the cause, and made his award in favour of the defendant, finding that all the breaches assigned oc curred after the husband and wife had cohabited again, which he considered cancelled the bond. Mr. BUTT now moved to set aside the award, on the grounds, first, that it was bad on the face of it, because not only the cause, but all matters in dispute between the parties were referred to the arbitrator ; the award did not contain a single word as to any other matters of difference between them, which he contended was a fatal objection. The second ground was that the arbitrator heard a most material witness, viz. the wife of the plaintiff, in his ab sence, and while no one was present on his behalf. It was agreed that such evidence should be struck out of the ar bitrator's notes ; but from a subsequent conversation held by him, it clearly appeared that his award was founded upon it. The COURT having been informed that no point had been reserved for settlement by the Court, the parties were bound by the award in terms of the submission. No party was to take any technical objection. According to the cases the Court had no power to grant the motion. They wished to hear what was stated as to the conversation held by the arbitrator, after the evidence of the wife had been agreed to be withdrawn. Mr. BUTT said it was that Peter Smith could just as soon set aside the award as the horse he (the arbitrator) rode, for the evidence of Mrs. Smith showed clearly that it all took place after the bond was set aside by their living together. The COURT did not think that was sufficient.—Rule refused. VANDENHOFF V. BUNN. Mr. THESSIGER begged leave to mention this case. His client (the defendant) had agreed to adopt the suggestion thrown out by the Court, and consent that the verdict should stand for 601. Mr. Platt had stated on his (Mr. T.'s) moving, that he did not think there would be much difficulty on the part of the plaintiff in acceding to the sug gestion, but now he found that he bad spoken unadvisedly. The plaintiff refused the terms ; he (Mr. T.) therefore moved that he be allowed to draw up the rule to reduce the verdict from 1621. to 601. The COURT ordered the rule to be drawn up accordingly. COURT OF REVIEW-(THIS DA IN RE COOPER, A BANKRUPT. In this matter Counsel applied that a supplemental affi davit filed by the petitioner should be answered, so as that the entire case might come on for hearing on the 18th inst., as ordered by the Court, and that service on the so licitor to the assignees should be deemed good notice. The COURT complied with the first part of the motion, and desired notice to be served at the residence of the as signee, at Brighton. EX-PARTE KNIGHT, IN RE WATKINS. Mr. BETHEL applied that the hearing of this case should be postponed for ten days, to afford time to the petitioner to answer affidavits filed by the respondents, the last of which was made on the ‘2.d of November. In all there were six affidavits, of a very voluminous nature, some of them extending to upwards of sixty folios. The bankrupt lived at Manchester, and there was not sufficient oppor tunity of holdinc , communication with him if the case were heard in the order in which it was set down in the paper. Mr. SWANSON opposed the application, and The COURT were of opinion that sufficient cause had not been shown for postponement ; but if upon reading the affi davits and hearing the case, it appeared desirable to have further information, they would allow the bankrupt time to answer them. MUNICIPAL ELECTIONS. LIVERPOOL. The Liberal interest has triumphed in our most popu lous cities and towns, thus unequivocally indicating the strength of the Reformers. At Liverpool, last Wednesday, the election of the Mayor for the ensuing year took place, when William Earle, Esq., a Liberal of the right sort, bold and uncompro mising, was elected unanimously, and without opposition. Like the retiring Mayor, William Wallace Currie, Esq., he was a Reformer, when to be so was attended with odium and contumely. Mr. Earle's family has long been connected with the town of Liverpool, and he himself is one of the most wealthy and influential merchants in this modern Tyre. Toryism is at a low ebb in the Town Council, despite the misrepresentations at the last election. There are now 55 Reformers and only 11 Tories. YORK. OCT. 9, Two o'cLocK, P.M.—The result of the elections to-day tells whether the Corporation of York is Liberal or not. Both the Lord Mayor and Sheriffs are staunch Re formers. What is still worse, the Tories in the Council have not dared to offer any opposition, and both have been returned unanimously. James Meek, Egq., has been elected Lord Mayor in place of Sir John Simpson, who was a Re former. J. Lockwood, Esq., has been elected Sheriff in the room of Roper, Esq., a Tory ! The bells of the Minister are at this moment pealing merrily, and a flag has been planted in celebration of the event in the market place. GODALMING . The election of Mayor for this borough took place at the Town-ball on Wednesday, when Mr. Keen, the banker, was elected for the ensuing year. In returning thanks, Mr. KEEN—after alluding to some misrepresentations which had been put in circulation—said they lived in strange times. In a neighbouring town, re spectable men were considered unfit for the appointment of trustees to a charitable fund, only because they were loyal men, and attached to his Majesty's Government. THE VAUXHALL BALLOON.—Up to the time of our going to press, no account had been received by the Proprietors of the Vauxhall Gardens, of the descent of the Balloon. The paragraph which appears in a Morning Con temporary of the Balloon having been seen to pass over Paris, and another alluding to its fall in the German ocean, must be taken as mere jokes to hide the ignorance of the writer as to the real course which the Balloon has taken. It is expected we shall hear to-night or to-morrow. The purchase of the estate of Norham Castle was completed by John Hodgson Hinde, Esq., M.P., on Wed nesday. The purchase-money is 40,0001. TOURNAMENTS.—During the reign of Edward 111., the tournaments were attended by many ladies of the first rank and greatest beauty. They were dressed in party coloured tunics, one half being of one colour, and the other half of another ; with short hoods and liripipes, or tippet!, which were wrapped about their heads like cords ; their girdles were handsomely ornamented with gol d and silver ; and they wore short swords or daggers , b efore them in pouches ; thus habited they were mounted on the finest horses that could be procured, and ornamented with the richest furniture.—Mirror. SHIPPING.-(THIS DAY.) .....off • t 0.,........... (FROM LLOYD'S.) DEAL, Nov. 10.—Wind W. S. W., squally.—lt cat le on to blow fresh last night from W. S.W. , dur in g which tin the Haabed Ankcr, —, from Sandefiora for Diepp e, laden with timber and deals, was driven on shore to the nor th of 1)cal , but was got off with assistance by the Deal boatmen, and i`T ceeded for Ramsgate, after loss of anchor and cable, and cl charged deck load. The William Hodnett, for St. Vincent'.l) lost an anchor, and has been again supplied. Arrived the' Aurora, Gilbert, from China, and struck the Sand Bank inthe Downs, slipped anchor and cable, and has b een a g ain suppli ed- The rest of the outward-bound remained apparently all well. Eight p.m.—Wind W. S. W., weather fine. IORTSMOUTH, Nov. 10.—Wind W. S. W., squally. —Ar rived i:"om London the Rose, Bales, for Demerara. PLvst,lurn, Nov. 9. —Wind S. S.W. FALmotr.:ll, Nov. 9.—Wind S. W. to S. S.W., fresh gale. —Arrived the Falmouth Packet, Shugg, from Malaga. STANGATE Ci:'EEK, Nov. 10.—Arrived the Sarah, Carpen ter, from Cephalonia ; Isabella and Catherina, 'DARTMOUTH, Nov. 10.—Arrived the M. Del Grazie, from Gallipoli ; and Minerva, Jork, from Rostock. BELFAST, Nov. B.—A:rived the Woodman, Kelso, from Demerara. CORK, Nov. B.—Arrived the ;Teracity, Allen, Leghorn. The Dorothy, Robson, from Peters burgh, . Harwich, after being on the Shipwash Sa.vid. The Leander, Longhurst, from Havre, v, - as totally lost on the Cross Sand on Wednesday night—crew sac ed. has arrivoci Off THE FUNDS.—(THIS DA' - •) CITY, TWELTE O'CLOriIC. The arrivals this morning are the French, Ostend, and Dutch mails ; ship letters from Canton and Pernambuc o. THE FUNDS. Money continues scarce and the accounts from Ireland state that a great excitement prevails in money affairs, par, titularly in the capital, and specie is being sent there, to prevent a general alarm ; but we do not hear that the Bank of Dublin has had any attack ; they are taking pre cautions, and limiting its issues. Consols left off yesterday very heavy, at 874 4 for Ac count ; same for Money ; and opened this morning at 874 4 , afterwards receded to 874, at which price they are at pre sent, with a dull market. Exchequer Bills, 6 4 discount ; India Bonds, 2 disct., par ; Bank Stock, 2004 2014 ; In dia, 205 204. Spanish Active closed at 194 4, has re ceded to 194 4 ; Passive, 54 4 ; Deferred, 94 8 ; Portu guese same as they closed, 544 55 ; Three per Conts., 344 351 ; Colombian, 214 4 ; Dutch Two-and-a-Half Per Cents, 524 4. No news of any description. HALF-PAST ONE. Consols have been heavy during the morning ; and at one period were done at 87,4 for Money ; at present may' be quoted 874 4 ; owing to a report that Ministers weret going to fund Exchequer Bills. Money is very scarce, as a payment takes place to-day of 15 per cent. on the New Portuguese Loan. Exchequer Bills, lid., 10 ; Exchequer Bills, 2d., 10 d dis. ; India. Bonds, 2 dis. ; Bank Stock, 200 ; India Stock, 2524. The Foreign Market is also heavy. Spanish Active re ceded to 19 ; Passive, 51 ; Deferred, 7i ; Debentures, 33 Portuguese, 544 4 ; Three per Cents, 05 ; Columbian, 214 ; Dutch two-and-a-half per Cents, 524 4. THICEIS O'CLOCK. Consols for the Account, 17i 11. The present Lord Mayor was, many years ago, one of the first persons who, by the publication of standard works in numbers, lead the way to that large diffusion o f cheap literature by which the community have been gO largely benefited. BOTTLE POLITICIANS.—The Tories have been amusing themselvos for several weeks past in " potations, pottle deep ;" and with toasts, speeches, and congratu:a" tions which would have made the world believe that Lihe" ralism was defeated in every quarter, and that the ball of public liberty was again at their feet.—Sherborne Journal. Since our last, two more shocking deaths by burn ing have occurred in this city, making three within ten days -York Courant. Mr. G. Ullyor, of Gorton, near Driffield, has this year reaped from half an acre of land, sown with Chevalier Barley, as much as when thrashed produced 5 quarters and 2 bushels.—York Courant. The following striking instance of ,superstition, it has been stated on authority, occurred at the recent death of a wealthy and distinguished individual of the Hebrew na tion—the wealthiest man in Europe. All hone of recovery had fled, and it was evident his dissolution in.'s near, when the medical attendant,, who was standing at the bedside of w his dying patient, as surprised by a violent knocking at the doors, (there were two doors leading into the bed room), and on hastening to ascertain the cause, and silenc e the noise, he found the brothers of the dying man nailing the ten commandments on the doors of the chamber, e s a charm to prevent the entrance of evil spirits, at the 01 0 ' ment of dissolution ! FATAL QUACKERY. — The following verdict was returned on Thursday at Osbaldwick, near York :—" We find that Mrs. Ann Clemesha died from the immoderate use of Morison's Pills." It appeared in evidence that this latest victim to a murderous empyricism actually dismissed a well-qualified and regularly educated practitioner, and re sorted to the fatal pills. Their effect is seen in the death of the deluded and unfortuate poor woman. The Dundee Banking Company have resolved to raise the rate of intereot on deposit accounts three per cent• from the 11th inst. For several days past in the streets of Paris have been seen parties of peasants from Alsace, who have come up t o b e e xamined by the Council of ..ievision, as to their fitness for entering the army as substitutes. Every Yea r many thOusands of francs are thus paid to that province, which is too poor to maintain its inhabitants. On Friday evening William Ga rforth, aged ten yea rs , a pima at Messrs. Moss's cloth mill , at Armley, tear Leeds, had the misfortune to suffer his apron to get elv tangled with an upright shaft, which took him round very quickly several times before the machinery could be stopped' By coming in contact with other parts of the building and machinery, his legs and arms were broken and his body was literally dashed to pieces, presenting a dreadful 'Pee' tacle. He expired before he was e xtricated ;he had only been employed in the mill three days.--Halifax Express' s TUNBRIDGE WELLS.—The burnng of the furl on our beautiful common, it seems, cannot be wholly pry vented, although the police keep a sharp few evenings ago the common was fired in severe P lacc6 n ; t but before the flames could well spread, the fire %''ves, ° , - , by the activity of the police and other persons.—Bro l° ' Gazette. It is stated that Mr. Maurice O'Connell, M.P. , 4 still in a dangerous state. 100k -out. The ex-corporators of Boston, one Saturday after' noon, sent up a petition to the Lord Chancellor against the appointment of the Charity Trustees who had been recota; mended to his Lordship, alleging that the majority We r Dissenters, &c., and praying that in the a trustees, Unitarians and Catholics might be - °excluded 1-"" Lincoln Gazette. It is the intention of the Reform Association of t;.° borough of Lambeth, to hold a General Meeting, at tb e ppointment 0} Elephant and Castle, on Monday next, to take into Or; sideration the expediency of calling a public m eeting e l s, petition Parliament for a reform of the House of 1-4° l l. We have no doubt that this example will be speediilY '() lowed in many other places. me eting ZOOLOGICAL SOCIETY.—The ordinary Ine ej was held on Tuesday evening, Richard Owen, Esq.,F. L.S.f t in the chair. Mr. Yarrell read a letter from gober, Mackay . , Esq., British Vice-Consul at Maracaibo, forwarded along with a bird, which, however, died during the pass a i , over, and was called the king of the vultures. Every flac k of 300 of these birds is always found to contain one distinct ; in plumage from the rest, who feeds first, and should others, having discovered a carrion in his absence, commenco eatil they always retire to a respectful distance until his aprte t , is is satisfied. His majesty of the vultures always condnu_o_ himself with becoming dignity, and is never seen to • ciate with his vassals. A note was also read (rolled o Martin, describing a cat from the island of Java, aby Cuvier, Felis Diardi, distinguished for the beauty and if, gularity of its spots, which he named Felis Marmoi,:ar Mr. Ogleby made some remarks on different species ef telopes ; and Mr. Gray, likewise, on the general charaetu of the argonauts, on which an interesting discussion ens .7. relative to the identity of the nautilus, with and withoute_l.'; shell. The Chairman read some observations on the nw ° e l f. appearances presented by some of the animals that lat died at the Gardens, and in particular a young tigeorn,; which scrofulous tumours were largely developed. fivta the specimens in the room was the table formAer madrepores by Mr. Harvey , which ex cited much attentio:i is from the ingenious and curious display of the objec which it I,THEis formed. OURANG-OUTANG OF THE JARDIN 131° PLANTES.—The French Papers of Friday, contradicrtantheco reported death of Jacko ; on the contrary, an of was given by his chief physician to the Academy of Du o.. , of on the 31st, that the interesting patient was now u h ' est , danger. His illness has been an inflammation of the c bl e d and more particularly on the left side. He has beerein several times with the lancet, and leeches have he _ ision a plied ; but on account of the thickness of his skin , n.. 0 I•beetot have been previously made with the scalpel, orseeorna' ent is and the leeches put to the orifices. His i m prov. woo d, attributed to the clothing with which he has been Geo ff upon the recommendation o f M. Cuvier ; and tlf us ic, ffrey de St. Hilaire visits him daily with a bannt:',.,.. his which, it is said, has had a great effect in has 10 " 0 convalescence.